I have just been advised by my mortgage broker that my Pentyrch solicitor is not on the bank Conveyancing panel. What can I do to be certain if this is indeed the case?
You need to contact your Pentyrch lawyer directly. You lawyer should notify you of the situation. If they are not on the panel they could put your in touch with solicitors on the approved list of lawyers for your bank.
Please help. My Pentyrch solicitor is informing me me that he has toapply for Pentyrch conveyancing searches becausethe firm are on the Lloydssolicitor panel. These Pentyrch checks cost a lot of money can this be avoided?
You have limited options available to you. As you are taking a home loan with a lender your lawyer has to comply with their conditions as set out in their version of the CML Conveyancing Handbook. Your conveyancing practitioner would have previously signed the Terms and Conditions of your bank’s conveyancing panel appointment which obliges them to comply with the CML Handbook provisions . Even if you were a cash buyer you would be ill advised not to carry out Pentyrch conveyancing searches.
I purchased a freehold property in Pentyrch yet invoiced for rent, why is this and what is this?
It’s unusual for properties in Pentyrch and has limited impact for conveyancing in Pentyrch but some freehold properties in England (particularly common in North West England) pay an annual sum known as a Chief Rent or a Rentcharge to a third party who has no other legal interest in the land.
Rentcharge payments are usually between £2.00 and £5.00 per year. Rentcharges date back hundreds of years, but the Rent Charge Act 1977 barred the creation of fresh rentcharges from 1977 onwards.
Old rentcharges can now be redeemed by making a lump sum payment under the Act. Any rentcharges that are still in existence after 2037 is to be extinguished.
The Pentyrch conveyancing solicitors that just started acting on my house acquisition in Pentyrch have suddenly shut down. They were on acting for me because I needed a firm on the Clydesdale conveyancing panel and my previous Pentyrch lawyer was not. I gave my credit card details for them to take £195 for searches. What do I do now?
If you have an estate agent involved then inform them straight away so that they advise the vendors that there may be a slight delay due to reasons beyond your control. Most sellers would be sympathetic and urge their lawyer to send a new set of papers to your new solicitors. You should appoint new lawyers that are on the Clydesdale conveyancing panel and notify the lender. If you have paid over any money, it will hopefully be held by the SRA as money in an intervened firm's bank accounts is transferred to the SRA. Then, the SRA or the intervention agent looks at the intervened firm's accounts to work out who the money belongs to. To claim your money you will need to contact the SRA. If the SRA cannot return money you are owed from the firm's bank accounts, or if they can only return part of the money, you can apply to the Compensation Fund for a grant. Your new lawyers may be able to assist.
A relative informed me that in purchasing a property in Pentyrch there could be various restrictions limiting what one can do in terms of external alterations to a property. Is this right?
We are aware of a number of properties in Pentyrch which have some sort of restriction or requirement of consent to execute external alterations. Part of the conveyancing in Pentyrch should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
I've read lots of house buying guides, I note that they all recommend that you should get your house surveyed prior to buying it. When I asked my local Pentyrch solicitor - who is on the Leeds Building Society conveyancing panel - on this she said they don't do this and I need to contract an independent surveyor. is that correct?
Leeds Building Society will need an independent valuation of the property. Your lawyer will not arrange this. Usually Leeds Building Society will appoint their own surveyor to do this, and you will have to pay for it. Remember that this is a valuation for mortgage purposes and not a survey. You may wish to consider appointing your own Pentyrch surveyor to carry out a survey or prepare a home buyers report on the property. It is up to you to satisfy yourself that the property is structurally sound before you buy it. If the survey or report reveals that building work is needed, you should tell your solicitor. You may wish to renegotiate with the seller.
Yorkshire BS have agreed my home loan in principle, my offer on a flat in Pentyrch has been accepted, what are the next steps?
The estate agent will want to know who your solicitors are (ensure that the conveyancers are on the lender’s panel). Telephone Yorkshire BS or your financial adviser and complete any appropriate documentation. Yorkshire BS will appoint a valuer who will get in touch with the estate agent or owners to schedule an appointment. Once carried out (assuming no problems) it takes approximately a fortnight to get a mortgage offer. Yorkshire BS will send the offer to you and your property lawyers. The transaction will then take it’s course according the nature and complexity of the conveyancing in Pentyrch.
I opted to have a survey done on a property in Pentyrch prior to instructing solicitors. I have been advised that there is a flying freehold aspect to the house. My surveyor has said that some lenders will not grant a mortgage on this type of property.
It varies from the lender to lender. Bank of Scotland has different requirements for example to Nationwide. Should you wish to call us we can check via the appropriate mortgage company. If you lender is happy to lend one our lawyers can assist as they are accustomed to dealing with flying freeholds in Pentyrch. Conveyancing may be slightly more expensive based on your lender's requirements.